High Court Of ChhattisgarhMCRC/7609/2019allowed

Prashant Markaam v. State Of Chhattisgarh

2020-01-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7609 of 2019 • Prashant Markaam S/o Balram Markam Aged About 21 Years R/o Gram Vinayakpur, P.S. Anda, District Durg Chhattisgarh....(In Jail), ---- Petitioner

Versus

• State Of Chhattisgarh Through In Charge Police Station, Dharsinwa, Civil And Revenue Distt. - Raipur Chhattisgarh. ---- Respondent For Applicant.

Mr. Shreyankar Nande, Advocate.

For Respondent/State :

Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 16.01.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 210/2018 registered at Police Station : Dharsinwa, Civil and Revenue District Raipur (C.G.) for the offence punishable under Sections 363, 366 & 376 of IPC and Sections 4 & 6 of the Protection of Children From Sexual Offences Act, 2012.

2. As per the prosecution case, prosecutrix wihtout informing her parents ran away from her house. complainant/ Father of the prosecutrix, lodged a missing report of his daughter before the concerned police station. After investigation, she was recovered from the possession of applicant. In the meanwhile, prosecutrix and applicant went to Delhi where

they got married. After recording the statement of the prosecutrix, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that there was love affair between the applicant and prosecutrix and with the consent of both of them they have performed marriage prosecutrix gave birth of girl child. He next submitted that applicant is in jail since 19.08.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel opposes the bail application.

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case, the detention period of the applicant and further considering the age of prosecutrix i.e. above 16 years, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu